Performance-based contracting means the structuring of all
Performance-Based Exception means the performance-based exception from the tax deductibility limitations of Code Section 162(m).
Performance-Based Compensation means compensation qualifying as “performance-based compensation” under Section 162(m) of the Code.
Performance-Based Cash Award means a right granted to a Participant under Article 9 to a cash award to be paid upon achievement of such performance goals as the Committee establishes with regard to such Award.
Fiber-based Collocator means any carrier, unaffiliated with CenturyLink, that maintains a Collocation arrangement in a CenturyLink Wire Center, with active electrical power supply, and operates a fiber-optic cable or comparable transmission facility that (1) terminates at a Collocation arrangement within the Wire Center; (2) leaves the CenturyLink Wire Center premises; and (3) is owned by a party other than CenturyLink or any affiliate of CenturyLink, except as set forth in this paragraph. Dark fiber obtained from CenturyLink on an indefeasible right of use basis shall be treated as non- CenturyLink fiber-optic cable. Two (2) or more affiliated Fiber-based Collocators in a single Wire Center shall collectively be counted as a single Fiber-based Collocator. For purposes of this definition, the term "affiliate" is defined by 47 U.S.C. § 153(1).